Ithaca Vestal DWI lawyer explains REFUSAL Warnings Police Must Give You for Refusing a Breath or Blood Test

REFUSING A BLOOD OR BREATH TEST IN DWI CASE

DWI REFUSAL WARNINGS THAT THE POLICE MUST GIVE YOU IN NEW YORK

In New York, if you REFUSE a Blood Test or a Chemical Breath Test, then the police MUST give you several warnings before evidence of your refusal can be used against you at trial. 

This does not necessarily mean those warnings have to be BEFORE you refuse the test.  They can also be given to you AFTERWARD.  To make sure these warnings are given properly, many law enforcement agencies (including in Ithaca and surrounding counties) have standardized refusal warnings that use the language found in the law.  VTL s. 1194(2)

Model Refusal Warnings are generally:  

1.  You are under arrest for driving while intoxicated

2.  A refusal to submit to a chemical test, or any portion thereof, will result in the immediate suspension and subsequent revocation of your license or operating privilege, whether or not you are convicted of the charge for which you are arrested.

3. If you refuse to submit to a chemical test, or any portion thereof, your refusal can be introduced into evidence against you at any trial, proceeding, or hearing resulting from this arrest.

4.  Will you submit to a chemical test of your breath/blood for alcohol?  or will you submit to a chemical analysis of your blood/urine for drugs?  

Couple of things to note: 

-the officer does NOT have to give these warnings unless you refuse a breath or blood test

-the officer is supposed to read them more than once, to give you an opportunity to "persist in your refusal."

-the warnings must be "clear and unequivocal" language (based on accused's understanding)  [if you do not speak English, this may be a defense]

ALSO, REFUSALS themselves can be determined by either "words or conduct."  {topic for a whole other post}

BOTTOM LINE--

The law surrounding REFUSALS in a DWI case is extremely complicated.  It will be the subject of several of my posts and videos.  That is why I recommend hiring a DWI lawyer if you are facing a DWI charge with a refusal to take a breath or blood test.  

Refusal cases can be very defensible if done right from the start. 

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
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Twitter:   @ithacadwi